evictions

[AliceT]

Originally Posted by austin-steve

If you want the world to operate differently, buy some rental property and advertise "recently evicted welcome". "Bad credit welcome", etc.

Priceless!

[sweetmichelle28CT]

To be fair, I don't think everyone intentionally choses not to pay their rent. A lot of times people just fall on hard times. If they have an understanding LL that would be able to work with them until their situation approves, than that would be great. Communication is they key. I don't think they should be able to take advantage and live there rent free. LLs do have bills just like everyone else. But depending on the circumstances of the eviction, I don't think it should be held against the tenant, especially if the circumstances couldn't be avoided, like being laid of.

[MissShona]

Originally Posted by sweetmichelle28CT

To be fair, I don't think everyone intentionally choses not to pay their rent. A lot of times people just fall on hard times. If they have an understanding LL that would be able to work with them until their situation approves, than that would be great. Communication is they key. I don't think they should be able to take advantage and live there rent free. LLs do have bills just like everyone else. But depending on the circumstances of the eviction, I don't think it should be held against the tenant, especially if the circumstances couldn't be avoided, like being laid of.

I completely agree. I was laid off in late September of 2006. Because of my company's pay schedule, my final pay was only for a few days and my severance pay did come until October 20-something. Only then, would I have the full amount to pay the rent. Even though I told my landlord this, he issued the 5 day notice to pay or quit on the 15th. I even tried one of those payday advance places, but it didn't work because I did not have a current employer (even though I was expecting one more payroll check).

The resulting time line was just ridiculous. He filed a complaint to start the eviction process in late October. Two days later, I filed an answer along with October's rent + the late fees. I paid the court my rent for November and December (there was some more back and forth over the amounts). Mediation was set right before the holidays.

Because of some oversight on their part, my landlord and his attorney never showed up for the mediation. The court ruled for the money held by the court registry to be released and that I pay their filing fees. January rent was paid on time. But get this, it took the court until March to mail out the check for 3 months rent. In the meantime, my landlord was not very happy...but even confessed to me that he didn't know they were so slow...and he's used to tenets who just high tail it and leave.

Well, the moral of the story is that we both lost ultimately. It took him a few months to get my rent money as opposed to several weeks and I now have this complaint on my public record (although it was dismissed...it still doesn't look good).

[Ultrarunner]

Originally Posted by MissShona

Well, the moral of the story is that we both lost ultimately. It took him a few months to get my rent money as opposed to several weeks and I now have this complaint on my public record (although it was dismissed...it still doesn't look good).

My Grandfather said many times that both sides loose whenever lawyers and courts are involved...

I think part of the problem is resolution through the court system takes time... Many owners have been burned by waiting only to have to eventually file and that is why I believe property managers start the process as soon as possible according to statute.

[austin-steve]

completely agree. I was laid off in late September of 2006...

Well, as one of our local JP Court Judges says in here pre-eviction hearing speech to all the landlords and tenants assembled, there are legal reasons for not paying rent and there are human reasons for not paying rent. Losing a job, illness, etc. are human resasons that she is not able or allowed to consider in deciding who will have possession of the property, therefore, she doesn't even want to hear about them.

She goes on to explain what a legal reason is (habitability issues followed by proper certified requests for repairs and the landlord's failure to make repairs followed, by a "repair and deduct" action by the tenant), and the fact that unless a legal reason for not paying exists, she will find in favor of the landlord.

So, the hearing usually goes like this:
Judge to tenant: Is it true you haven't paid rent? Yes or no.
Tenant: Yes
Judge: Do you have a Legal Reason for not paying your rent?
Tenant: No
Judge: I find in favor of the Landlord, in the amount of ...

Judge: Next

That's it. It may seem unfair for sommeone experiencing human reasons for not having rent, and it's not always the best possible outcome for the landlord, but it's foolish to halt or delay the process because a tenant tells the landlord that money will be coming in the future. What I say is, "ok, show up at court with cash or cashier's check for the full amount and we'll have a converstaion in front of the judge and see if we can work something out. But I'm not stopping the eviction process based on a promise to pay later". Any landlord who does is most likely to regret doing so later.

Steve



Eviction